If you are active on the technology market, being sued for alleged patent infringement is a general business risk.
Of course, it is important to prepare suitable defense strategies, based on a diligently chosen design-around, or prior art that can be used to invalidate the asserted patent.
But at the same time, often literally the best defense is provided by a good offense.
If you have strong patents in your own portfolio that are crafted to provide a broad scope of protection, the threat to counter-sue can be a great lever. So, the efforts for your patent applications and for building your patent portfolio should not just be seen as costs necessary for protecting your specific products from being copied. You should also see the broader picture: Your company's inventions provide a chance to create an IP portfolio that may – apart from providing licensing opportunities – turn out to be an invaluable asset when your competitors try to squeeze you out of the market.
Or, seen from an investment perspective: Your investments in your patent portfolio may pay off not only as a defense against being copied, but also – and this is often neglected – as a strategic defense against being sued by competitors.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
